ANAND SOOD Vs. KANAK DEVI AND ORS.

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India challenge is made to the order dated 27/11/2014 passed by the trial court. Application under Order I Rule 10 CPC filed by the petitioner/intervenor in a suit for partition, permanent injunction and possession has been rejected.

(2.) Facts necessary for disposal of this application are to the effect that suit house vide house no.2/120 new No.23/61 is situated in Chick Santer Morar, District Gwalior. Undisputedly, the suit house was the self acquired property of Late Durgaprasad and he was the exclusive owner thereof. Genealogy of Durgaprasad is as follows:-

(3.) It is not out of place to mention that mother of the petitioner, namely, Shyamwati; one of the daughter's of Late Durgaprasad, in the aforesaid suit had deposed on 12/10/1987 in favour of plaintiffJainarayan; her brother, having stated that there was partition of the suit house in the year 1948 effected by her father and the suit house had fallen to the share of the plaintiff. The partition was reduced in writing by Late Durgaprasad and signed by him.